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On Amendments To Certain Legislative Acts Of The Russian Federation In Ensuring The Accommodation Of Children-Orphans And Children Remained Without Parents ' Care

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в части обеспечения жилыми помещениями детей-сирот и детей, оставшихся без попечения родителей

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation to provide accommodation for children of orphans and children; without parental care Adopted by the State Duma on 15 February 2012 Approved by the Federation Council on 22 February 2012 Article 1 Article 8 of the Federal Law " Article 8. Additional warranty of property rights and residential premises 1. Orphans and children without parental care, orphans and children deprived of parental care who are not tenants of residential premises under social contract or tenant's family The premises of the social contract or the owners of dwellings, orphans and children left without parental care, orphans and children deprived of parental care who are the employers of the dwelling premises under the social contract or family of the tenant's family According to the contract of social hire or owners of residential premises, if their residence in the previously occupied residential premises is recognized as impossible, the executive authority of the constituent entity of the Russian Federation the place of residence of these persons, in accordance with the procedure established by the legislation of that subject of the Russian Federation, is provided on a number of occasions to the furnished accommodation of a specialized housing fund under the contracts for the employment of specialized residential units. premises. The accommodation shall be provided to the persons referred to in the first paragraph of this paragraph when they reach the age of 18, and if they acquire full legal capacity before reaching the age of majority. In the cases provided for in the legislation of the constituent entities of the Russian Federation, accommodation may be provided to persons referred to in the first paragraph of this paragraph before they reach the age of 18. According to the written form of the persons referred to in the first paragraph of this paragraph who have reached the age of 18, the accommodation shall be provided to them upon completion of their stay in educational institutions and social institutions. Services to the population, health care institutions and other institutions established by law for orphans and children deprived of parental care, as well as at the completion of training in educational institutions Professional education, or completion of military service by recruitment, or The completion of the sentence in correctional institutions. 2. The executive authorities of the constituent entities of the Russian Federation are required to monitor the use of the accommodation and/or the administration of residential premises, employers or family members of employers under the social contract, or Owners of which are orphans and children left without parental care, ensuring the proper sanitary and technical condition of these dwellings. 3. The executive authorities of the constituent entity of the Russian Federation, in accordance with the procedure established by the law of the constituent entity of the Russian Federation, shall establish a list of orphans and children left without parental care, orphans and children left without parental care. parents who are to be provided with accommodation (hereinafter referred to as the list) in accordance with paragraph 1 of this article. The list includes the persons referred to in paragraph 1 of paragraph 1 of this article who have reached the age of 14 years. Orphans and children left without parental care, orphans and children left without parental care, living accommodation in accordance with paragraph 1 of this article is the basis for exclusion of these persons from the list. 4. The survival of orphans and children left without parental care, orphans and children left without parental care, in previously occupied premises, employers or members of the employers ' families, or The owners of which they are, shall be deemed to be impossible if this is contrary to the interests of the said persons in connection with one of the following circumstances: 1) residence on any legal basis in such accommodation: of orphans and children deprived of parental rights, Left without parental care, orphans and children deprived of parental care (subject to the court's decision to deny forced exchange of accommodation in accordance with article 72, part 3) Housing Code of the Russian Federation); suffers from a severe form of chronic diseases in accordance with article 51, paragraph 4, of the Housing Code of the Housing Code of the Russian Federation. 1 accommodation not possible; 2) living quarters are not suitable for of the Permanent Mission of the Russian Federation to the United Nations. living in a given dwelling, less the standard of living space, including if such a decrease occurs as a result of the accommodation of orphans and children left without parental care Orphans and children without parental care; 4) other OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. Procedure for determining whether orphans and children deprived of parental care have been left without parental care, orphans and children deprived of parental care in previously occupied premises, employers or family members The employers under the social contract or the owners of which they are the owners shall be established by the law of the constituent entity of the Russian Federation. 6. The contract for the employment of a specialized dwelling provided under paragraph 1 of this article shall be five years. In the event that there is evidence of the need to assist the persons referred to in paragraph 1 of this article in overcoming the difficult situation of life, the contract of employment of a specialized dwelling may be A new five-year term was established by the decision of the executive branch of the constituent entity of the Russian Federation. The procedure for the identification of these circumstances shall be established by the law of the constituent entity of the Russian Federation. The contract for the employment of a specialized dwelling may not be concluded more than once for a new term of five years. At the end of the term of the contract of employment of the specialized accommodation and in the absence of circumstances indicating the need to assist the persons referred to in paragraph 1 of this article in overcoming the difficult situation The executive branch of the constituent entity of the Russian Federation, which is responsible for the management of the State housing stock, is obliged to make a decision on the exclusion of residential premises from the specialized housing stock and to conclude with persons, of this article, the contract of social employment in respect of OF THE PRESIDENT OF THE RUSSIAN FEDERATION 7. Under the contracts for the employment of specialized accommodation, they shall be provided to the persons referred to in paragraph 1 of this article, in the form of housing units, apartments in the conditions of the relevant settlement, by the rules of provision The living space under the social contract. 8. Additional guarantees for the rights of orphans and children left without parental care, orphans and children deprived of parental care, property and living quarters refer to the obligations of the constituent entity of the Russian Federation. 9. The right to accommodation on the grounds and in accordance with the procedure provided for in this article shall be maintained for persons who are orphans and children deprived of parental care, orphans and children, left without parental care, and reached the age of 23 years, before the actual provision of their living quarters. ". Article 2, paragraph 2, of article 26-3 of the Federal Act dated 6 October 1999 N 184-FZ "The general principles of the organization of legislative (representative) and executive bodies of the State authorities of the constituent entities of the Russian Federation" (Assembly of Laws of the Russian Federation, 1999, N 42, Art. 5005; 2003, N 27, sect. 2709; 2005, N 1, st. 17, 25; 2006, N 1, sect. 10; N 23, Art. 2380; N 30, sect. 3287; N 31, sect. 3452; N 44, sect. 4537; N 50, st. 5279; 2007, N 1, sect. 21; N 13, est. 1464; N 21, sect. 2455; N 30, sect. 3747, 3805, 3808; N 43, st. 5084; N 46, st. 5553; 2008, N 29, st. 3418; N 30, est. 3613, 3616; N 48, sect. 5516; N 52, sect. 6236; 2009, N 48, sect. 5711; N 51, est. 6163; 2010, N 15, sect. 1736; N 31, st. 4160; N 41, est. 5190; N 46, sect. 5918; N 47, sect. 6030, 6031; N 49, sect. 6409; N 52, sect. 6984; 2011, N 17, sect. 2310; N 27, sect. 3881; N 29, st. 4283; N 30, est. 4572, 4590, 4594; N 48, st. 6727, 6732; N 49, sect. 7039, 7042; N 50, est. 7359) supplement sub-paragraph 14-2 as follows: "14-2) for orphans and children left without parental care, orphans and children left without parental care;". Article 3 Amend the Housing Code of the Russian Federation (Assembly of Russian Federation Law, 2005, N 1, Art. 14; 2008, N 30, est. 3616; 2009, N 51, sect. 6153; 2010, N 19, sect. 2278; N 31, st. 4206), the following changes: 1) Article 57, paragraph 2, article 57, paragraph 2, shall be declared invalid; (2) Part 1 of Article 92 to supplement paragraph 8 with the following: " 8) accommodation for orphans and children left without the care of parents, orphans and children left without parental care. "; 3), chapter 9, add the following: Article 98-1. The designation of accommodation for orphan children and children left without the care of parents, orphans and children without parental care Accommodation for orphans and children, Orphans and children deprived of parental care are provided for the accommodation of orphans and children left without parental care, orphans and children left without parental care OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION Orphans and children left without parental care, orphans and children deprived of parental care cannot be evicted from specialized accommodation without the provision of other comfortable accommodation shall be located within the boundaries of the relevant locality. "; 5) Chapter 10 to supplement Article 109-1 as follows: " Article 109-1. The provision of accommodation for orphans and children left without parental care to parents, orphans and children left without parental care 1. The provision of accommodation for orphans and children left without parental care, orphans and children deprived of parental care under contracts for the employment of specialized residential premises is carried out in accordance with the provisions of the Convention on the Rights of the Child. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Accommodation for orphans and children left without parental care, orphans and children deprived of parental care is not provided for specialized accommodation to foreign citizens, stateless persons, unless the international treaty of the Russian Federation provides otherwise. ". Article 4 1. This Federal Act shall enter into force on 1 January 2013. 2. Article 8 of the Federal Law of 21 December 1996 N 159-FZ " On additional guarantees for the social support of orphans and children, " (as amended by the Federal Law) and the Housing Code of the Russian Federation (in the wording of this Federal Act) shall apply to the legal relations that have arisen prior to the day of entry into force of the present law. The Federal Act, in the case of orphans and children left without Parents, orphans and children deprived of parental care have not exercised their right to provide accommodation until the day of the entry into force of this Federal Act. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin February 29, 2012 N 15-FZ